EUTANÁSIA: IMPLICAÇÕES LEGAIS NO ÂMBITO SOCIAL, RELIGIOSO E JURÍDICO

Abstract

Euthanasia has always been a complex issue to address at any time and place in the world. After all, human life is one of the most controversial subjects given its interdisciplinarity. It is human nature to try to postpone its finitude as much as possible; however, in some cases man pleads to shorten his life as a result of so much physical-psychological suffering. In this context, the research will reflect on euthanasia, conduct that is classified as a crime by the current Brazilian Penal Code, as well as an action that is repudiated by most religions. Therefore, in the religious sphere, we will make an analysis of the position of the main religions regarding euthanasia, as well as, based on Profanações, by Giorgio Agamben, we will carry out an analysis on the role that religious institutions play in society by conditioning, through their detailed rituals, feelings, understandings, thereby altering people's interpretation of the real purpose of death. For the author, death and so many other things that suffered some type of religious interference that were once sacralized need to return to the common people’s use, in this case occurring what is called reuse, which consists in changing the state from the sacred to the profane. On a continuous basis, the legal and criminal implications of the consent given by a patient in an irreversible clinical condition to a third party to be analyzed, so that he can perform the practice of euthanasia. In this case, we will demonstrate that the informed consent of the patient leads to the atypicality of the conduct, as we cannot speak of typical conduct when the holder of the right to be offended acquiesces to the injury to that right, as long as it is available. As it is, the right to life, due to the many that will be demonstrated. Finally, we will show on one hand that euthanasia is a perfect fit practice from the point of view of Religion when death becomes desecrated, common to men and understood as something inherent to the individual, and yet, on the other hand, that consent the victim's behavior is shown to be able to remove the typical nature of a conduct, as to justify it, depending on the concrete circumstances. Given this reasoning, the person responsible for the practice of euthanasia would not commit a criminal offense, as he would be exempted by an exclusion of illegality (consent), established as a supralegal cause of justification of the crime. From this, we will present a new reinterpretation of euthanasia in the face of Law and Religion.